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1992 Supreme(Guj) 127
Gujarat High Court
Judgename :K.J.VAIDYA
SANDEEP PRITPAL SING KHANUJA - Appellant
Versus
C.D.R.WELLINGTON INSPECTOR OF CUSTOMS (PRE.),ahmedabad - Respondent
Civil Revision 787 of .
Decided On : 05/06/1992
Headnote:
Customs Act, 1962 – Section 135 – Bail application - Petitioner is a young man aged 26 years having no criminal antecedents – Petitioner hails from a very respectable family which is never alleged to have been involved in any criminal offence alleged offence is a first lapse on part of petitioner in his life and deserves to be lightly viewed and condoned in order to give a chance to turn new chapter in his life to prove better citizen and useful component in the society at this stage at least – That petitioner is a Commerce Graduate from Gujarat University and during his student career he has been adjudged the best NCC Cadet. He has represented NCC Directorat of Gujarat State at Annual NCC Republic Day Camp and Prime Ministers Rally held at New Delhi – He has also participated in NCC Parade organised at Delhi in that petitioner as a member of NCC has also received a merit certificate issued by Director General of NCC for attending advance leadership course and has obtained second position in his group – Learned Senior Counsel appearing for Customs Department has vehemently opposed this bail application on following grounds offence alleged against petitioner is a very serious economic offence and has been schemingly committed after due deliberations and designs modus operandi of petitioner of visiting Singopore under guise of a pleasure trip in company of smugglers and then returning with muddamal 15 gold biscuits concealed in a tape recorder speaks volumes about the potentiality of the alleged crime and Criminal to show mercy and release such anti-nationals would be to expose Nation to further economic ruins as that only because of such economic offenders economy of country has been reduced to total bankruptcy as we find it today – Held, Whether would it be just and proper to deny bail to petitioner in total disregard of his background as highlighted by merely because offence alleged against petitioner is that of smuggling – Would not refusing the bail to the petitioner in the facts and circumstances of case at this stage frustrate him further driving him to a point of no return in company of some dreaded die-hard hardened criminals in jail campus and in the process compelling him to turn from bad to worse from worse to worst and from worst to the worst – And if indeed this apprehension unfortunately turns out to be true what will be way either for his family and society to reclaim him back in its fold who indeed would then be responsible for such a situation? Would it not be in that case create a problem of more economic offences as by now may come out as more determined offender? These are some of crucial questions which are required to be appreciated understood and answered in a way which strikes just balance between interest of the nation on one hand and that of petitioner on other – Now petitioner who because of his immaturity having lured himself away to commit the alleged offence of smuggling and having tasted arrest tasted infamy of his family earned bad name for himself and tasted jail atmosphere for about two months there is nothing wrong at this stage to wait and see whether aforesaid bitter experiences have made any sobering eye-opening effect on him bringing him to the senses to understand that the life of crime or crimes does not pay in long run and then to say good bye to criminal career by starting afresh normal life of a gentleman – Application is allowed.
( 1 ) THE petitioner-Sandip Pritpal Sing Khanuja who came to be arrested on 13-12-1992 (Sic.)by the Customs Officers in connection with CR No. 645/92 on the file of the Additional Chief Judicial Magistrate Ahmedabad for the alleged offence punishable under Section 135 of the Customs Act 1962 for having been found in possession of 15 gold biscuits valued at Rs. 1 35 0 allegedly smuggled in India from Singapore concealed in tape-recorder has by this application moved this Court for getting himself released on bail challenging the impugned judgment and the order dated 3-3-1992 passed by the learned Additional City Sessions Judge Court No. 20 Ahmedabad dismissing his bail application.
( 2 ) MR. M. B. Ahuja the Ld. Advocate appearing for the petitioner making fervent plea to release the petitioner on bail has made following submissions: (1) That the petitioner is a young man aged 26 years having no criminal antecedents. (2) That the petitioner hails from a very respectable family which is never alleged to have been involved in any criminal offence. (3) That the alleged offence is a first lapse on the part of the petitioner in his life and deserves to be lightly viewed and condoned in order to give a chance to turn new chapter in his life to prove better citizen and useful component in the society at this stage at least. (4) That the petitioner is a Commerce Graduate from Gujarat University and during his student career he has been adjudged the best NCC Cadet. He has represented NCC Directorate of Gujarat State at Annual NCC Republic Day Camp and Prime Ministers Rally held at New Delhi from 5-1-1986 to 29-1-1986. He has also participated in NCC Parade organised at Delhi in the year 1986 (Certificates annexed ). (5) That the petitioner as a member of NCC has also received a merit certificate dated 30 issued by the Director General of NCC for attending advance leadership course at Vishakhapatnam from 10-10-1986 to 30-10-1986 and has obtained second position in his group (Certificate annexed ). (6) That he is also given a certificate dated 31 by Bhonsale Military School Nasik where he has been declared passed successfully in Physical and Military Training Rifle Shooting Horse Riding Yogasam Self-defence Swimming and Games (certificate annexed ). (7) That for the alleged offence against the petitioner the sentence provided is seven years and taking into consideration the fact that these days trial in the lower Court takes a considerable time and if the petitioner is not ordered to be released on bail at this stage it is very likely that he may serve out most of the period of sentence as an under trial prisoner which would be nothing but a pre-trial punishment before he has an opportunity to prove his innocence. (8) That the investigation of the case is already over as the complaint is filed. (9) That the petitioner while denying the allegations against him in the alternative has expressed his sincere repentence for the alleged offence if his defence is not accepted. On the basis of the above submissions Mr. Ahuja finally urged that this is a case wherein a special case is made out and hence the discretion of this Court be exercised in favour of the petitioner by releasing him on bail.
( 3 ) AS against the above Mr. K. L. Abichandani the learned Senior Counsel appearing for the Customs Department has vehemently opposed this bail application on the following grounds: (1) That the offence alleged against the petitioner is a very serious economic offence and has been schemingly committed after due deliberations and designs. The modus operandi of the petitioner of specially visiting Singopore under the guise of a pleasure trip in company of smugglers and then returning with muddamal 15 gold biscuits concealed in a tape recorder speaks volumes about the potentiality of the alleged crime and the criminal. (2) That to show mercy and release such anti-nationals would be to expose the Nation to further economic ruins as that only
